A Peabody man is accused of raping a Marblehead woman at her apartment Sunday evening while a three-year-old girl was within earshot in the next room.
Alex McMaster, 38, of 8 Walnut St., Peabody, was arraigned Wednesday afternoon in Lynn District Court on a single count of rape.
The victim, who said she was drunk at the time of the attack, has made rape allegations against McMaster twice before, only to drop them.
The case will continue in Lynn District Court on Thursday.
Although the alleged victim was able to complete her testimony in roughly an hour Wednesday, Judge Ellen Flately ordered the case continued during McMaster's turn on the stand because it was time for court to close.
During her testimony, the alleged victim testified that she, McMaster, and the three-year-old girl had spent the day Sunday in South Boston before returning to her apartment on Washington Street in Marblehead to unpack items purchased at the Walmart in Danvers.
The alleged victim, who admitted to being a recovering alcoholic, told police she purchased and drank "about half" of a bottle of wine in a Danvers parking lot Sunday afternoon and was admittedly "tipsy" from about 3 p.m. through the rest of the night.
She also admitted to having consensual sex with McMaster several times in the days leading up to the alleged attack and noted that the pair had spent the holidays with her family.
According to her testimony, the attack began in the apartment she shares with another woman that afternoon after McMaster noticed a text message that was sent to the victim by someone else.
She testified that McMaster attacked her and eventually forcibly raped her while the toddler was within earshot in the next room.
Local police, she said, arrived on scene about 10 minutes after McMaster left the area and eventually placed her into protective custody for being heavily intoxicated. The toddler, according to the alleged victim, was placed into the care of the Department of Child Services.
"I told them to take her," the alleged victim said Wednesday.
McMaster was arrested Monday morning at Peabody District Court while trying to obtain an emergency restraining order against the alleged victim.
During cross-examination, McMaster's defense attorney pointed out that the alleged victim has accused McMaster of rape twice in the past before dropping the charges.
He also noted that she reportedly didn't tell police she was raped until well after she had been booked and placed in a holding cell to sober up.
After telling police she was raped, the alleged victim was reportedly transported from the Marblehead police station to Salem Hospital to be evaluated and photographs of her alleged injuries were admitted into evidence Wednesday.
Because the case was continued, the police reports and photographs associated with the case have not yet been made public. They are expected to be released sometime Thursday afternoon.